Skip to content
NeCede's

Maxim 8.1.22

Arbitrators are judges.

Compromissarii sunt judices.

Source: Jenk. Cent. 128; Jackson Difficulty 2/5 — Approachable

Explanation

Persons chosen by the parties to resolve their dispute exercise a judicial function and are bound by the same principles of impartiality and fairness as judges of the court.

Where this applies

  • We chose an arbitrator to settle our business dispute — are they held to the same standards as a judge?
  • Our arbitration agreement gives the arbitrator decision-making authority — is that a judicial function?

Legal domains

Cite this maxim

NeCede Max. 8.1.22 — Arbitrators are judges. — Jenk. Cent. 128; Jackson (Compromissarii sunt judices.)

Found an error? Suggest a correction →